KRS 281.640: Conduct of hearings -- Suspension and revocation of certificates and

licenses -- Final order -- Renewal of certificate does not preclude subsequent

proceedings -- Appeal.

(1) Hearings before the department shall be conducted in accordance with the

provisions of KRS Chapter 13B.

(2) After a hearing held upon the department's motion or upon complaint, in addition to

the remedies outlined in KRS 281.630(10), the department may suspend or revoke

any certificate or license issued to a motor carrier if the department is satisfied the

motor carrier or the motor carrier's drivers, other agents, or motor carrier vehicles:

(a) Violate the provisions of this chapter;

(b) Violate an order or administrative regulation promulgated by the department;

(c) Violate the laws of this state; or

(d) Are found to be unfit to carry out the duties, obligations, and responsibilities

of a motor carrier.

(3) The commissioner or one (1) of the assistant commissioners with approval by the

commissioner, shall have authority to issue a final order of the department. The

recommended order shall not become the final order of the department through

failure to file exceptions, but in the absence of exceptions ordinarily will be taken

by the department as the basis of its final order.

(4) The department shall have the right to withdraw, set aside, or amend any final order

it has issued, except that such action upon the part of the department shall be taken

between the date of the rendition of the final order and the expiration of the time f or

appeal or until an appeal has been taken.

(5) The renewal by the department of the certificate of a motor carrier shall not be

construed to be a waiver of any violation that occurred prior to the renewal and shall

not prevent subsequent proceedings against the motor carrier.

(6) An appeal to the Franklin Circuit Court may be taken from any final order of the

department by anyone who was a party to the proceedings before it by filing a

petition of appeal with the clerk of the Franklin Circuit Court in acc ordance with

KRS Chapter 13B. In the case of an appeal in which a certificate has been revoked

or suspended, the certificate shall remain in force until final disposition of the

appeal.